Goutham v. Z. , S/o Vijayakumaran S. VS State of Kerala
2025-04-11
V.G.ARUN
body2025
DigiLaw.ai
ORDER : Petitioner is the 4 th accused in Crime No.1286 of 2016 registered at the Ernakulam Central Police Station for offences punishable under Sections 323 , 324, 341 , 427 and 34 of the Indian Penal Code , now pending as C.C No.1580 of 2018 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. 2. The crime was registered on the allegation that, at 9 pm on 06.06.2016, accused, due to political rivalry, assaulted CWs 1 and 2 and damaged the vehicle of CW1, and thereby caused a loss of Rs.40,000/-. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures A4 and A5 affidavits have been filed by respondents 3 and 4 vouching this fact. 4. Learned Counsel for respondents 3 and 4 also submitted that the dispute is settled and his clients have no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 and 4, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [ (2008) 4 SCC 582 ] and Gian Singh v State of Punjab and Another [ (2012) 10 SCC 303 ] , there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure A2 final report in Crime No.1286 of 2016 of Ernakulam Central Police Station and all further proceedings in C.C No.1580 of 2018 on the files of the Judicial First Class Magistrate Court-II, Ernakulam, as against the petitioner, is quashed.